Moriarty Law - Lantern - quick quid - Letter before action

[flowerbunny]

Hi all, this seems a fantastic forum and I am hoping you can help me please

I have received a 30 day LBA letter from Moriarty Law for a claim of a former Quick Quid payday loan that Lantern have purchased.

The first frustration is that its only a couple of months to go before being statute barred
I had long forgotten about this and thought I could just sit this out til 6 years have passed.

The second frustration is that quick quid have gone bust and I have read that the boat has sailed for claims to the administrator for unreasonable lending against them. I have only just found out that there was a deadline last year and I was never contacted by them to make a claim.

I am therefore at a loss at what to do and have been crying my eyes out about this.

If I remember correctly this started as a small loan for a couple of hundred pounds and then I rolled it over again and again and again til I was borrowing £650 which they are now claiming is over £1200 with interest. There is no way I could have afforded this at the time and no way I can afford to pay it to them.

The situation mentioned by the frustrations above mean I have no idea what to do and it seems very unfair that Lantern can take me to court for a debt that was unaffordable and I have no one to counter claim against.

Please please help me as I don't know what to do to tackle this unfairness and i feel like my world is falling apart
Thankyou very much

[atticus]

If you have only received a letter, consider whether to sit it out to see whether Court action is commenced before the limitation period expires.

[flowerbunny]

Hi.

They have started court action against me

I did write to them a few weeks back. They have a disabilityservices@moriartylaw.co.uk address and I used that to let them know my poor mental health.

I also made a reduced offer without prejudice to settle out of court as i cant cope mentally with a court case but they ignored this and have pushed on with this claim.

How can they behave like this? They are as rougue as the payday loan sharks

I will complain about there heavy tactics and ignoring my willingness to negotiate to the ombudsman. Any advise on this please?

Also any advise on what I can do to counter their claim please. It does not seem fair that I can't go after quick quid yet these sharks can take me for the full amount.
Thankyou

[flowerbunny]

This is the email I sent them a few weeks ago...

Without Prejudice


Dear Moriarty Law,


Thankyou for your letter dated 20th April 2022.

There are a couple of things I need discuss with you about its content.

@admin - I dispute the balance claimed in the letter and owing the debt. Quick quid are not a reputable company and as you know their actions were very questionable, hence them going into administration.

@disabilityservices - I have suffered with mental health issues for many years and do not believe I was treated fairly by quick quid. I believe they have taken advantage of my poor health and inability to make decisions.

In the interest of a fast resolution I am willing to come to negotiate without prejudice as to save court costs and not damage my health further. I dispute the whole balance so the figure would need be at at a greatly reduced rate.

The settlement figure would also need be in installments as I have other genuine commitments to pay to allow me to live.

The offer without prejudice is 25% of the amount claimed payable over 3 months.

This equates to £307.33. And will be paid in 1 month installments of £102.45 and 2 installments of £102.44.

Please confirm acceptance and I will set up a standing order.

Hopefully this will reach a resolution but if we need more time then Please allow me an extension to seek assistance from Citezins Advic

[flowerbunny]

I followed it up with a reminder a week later as follows...

Please can you respond to my email below.


I am not well enough as it is without you hanging this over me.

Many thanks

[flowerbunny]

They ignored me. Surely they have some duty of care, I was being cooperative but they ignored me

[flowerbunny]

I have made a complaint direct to lantern about the aggressive behavior. Hopefully they will see sense

[MIKE770]

This is the email I sent them a few weeks ago...

Without Prejudice


Dear Moriarty Law,


Thankyou for your letter dated 20th April 2022.

There are a couple of things I need discuss with you about its content.

@admin - I dispute the balance claimed in the letter and owing the debt. Quick quid are not a reputable company and as you know their actions were very questionable, hence them going into administration.

@disabilityservices - I have suffered with mental health issues for many years and do not believe I was treated fairly by quick quid. I believe they have taken advantage of my poor health and inability to make decisions.

In the interest of a fast resolution I am willing to come to negotiate without prejudice as to save court costs and not damage my health further. I dispute the whole balance so the figure would need be at at a greatly reduced rate.

The settlement figure would also need be in installments as I have other genuine commitments to pay to allow me to live.

The offer without prejudice is 25% of the amount claimed payable over 3 months.

This equates to £307.33. And will be paid in 1 month installments of £102.45 and 2 installments of £102.44.

Please confirm acceptance and I will set up a standing order.

Hopefully this will reach a resolution but if we need more time then Please allow me an extension to seek assistance from Citezins Advice


send this as a letter to them at their refistered addres - get proof of posting (free) from post office keep copies of everything in date order in a file. also add that an email sent on such a date has been ignored.

[flowerbunny]

Hiya

A little update on this.

They are still denying any emails have been received before they issued the claim.

I can confirm its not statute barred, it would have been this month so I think that is way they have been so aggressive with this claim

They have agreed an extra halt on proceedings for 2 weeks, so 16/06/22 before they will pursue further.

I have made an improved settlement offer of £650, this equates to the amount borrowed in the final loan with quick quid. I refuse to pay more than this. Around 6-8 years ago I was in a real mess and borrowing off one lender to pay another. I must have paid £1000's in interest already to these companies including quick quid. I am not paying more on principal they took advantage of me.

They have rejected the offer stating that the smallest amount they would accept is £956.58 of the £1487.64 total claim against me
This will break down as:
Opening balance = £1229.30 (£650 borrowed + £579.30 in interest and charges QQ added on)
Court Fee = £80
Solicitors costs = £80
Added Legal interest = £98.34

------------------------------

I would like some advice on if I am being realistic in my preferred outcome and if it is achievable how to go about this please

- I do not want a CCJ, it has taken me years to repair the damage on my report from payday lenders and they have almost all dropped off now
- I would like to defend the interest applied by QQ. (is this possible?)
- I would like to defend against the court fees and added legal interest
- So altogether I would like to settle at £650

I have the £956.58 settlement offer from them, do you think I can get a better outcome? Ideally as above?

Any advice will be appreciated, I know I am running out of time fast

Flower bunny

[flowerbunny]

Hi

Does anyone have advice or opinion on the above please?

Here states that an unfair relationship defence maybe an option? https://debtcamel.co.uk/court-payday-loan-debt/

However I have no idea where to start with that

Any input from someone with more knowledge is most welcome please

[flowerbunny]

One more update, I have asked for a copy of the CCA, i have a hunch something may be amiss.

Moriarty have put the account on further hold while they request from Lantern, and state that I have 14 days after they have given me the CCA to respond

[flowerbunny]

I have also asked for an itemised account statement as I need know what this line is made from

31/03/2022 Opening Balance - £1,229.30

[flowerbunny]

Ok update time...


They have not been able to provide either of the above yet and have stated that further action will be on hold.

Meanwhile I still have this open court claim that they could apply for judgement for at any time even though they have sadi they will not til their client provides cca

should i apply to stay the case pending receipt of a cca agreement?

Should I defend in full due to no cca?

Or do nothing for now?


thankyou

[MIKE770]

it matters what the court states they can hold as long they wish, the court rules once case open follow court instructions only now

[MIKE770]

echat11